Interference No. 104,372
Winker v. Abileah
3 Jameson Lee, Administrative Patent Judge (APJ).
J. Discussion--fourth conference call
The parties confirmed to the APJ that in their view
Winker’s reissue application does not contain any claim that
corresponds to the modified count, and that judgment should
issue in favor of Abileah as to the subject matter of the
modified count.
K. The parties’ joint position that all of Winker’s
reissue claims do not correspond to the modified count appears
facially plausible on this record, in the absence of any
evidence to which we have been directed. In this
circumstance, entry of adverse judgment with respect to
Winker’s involved patent is authorized under 37 CFR §
1.662(b). We regard the filing of the Winker reissue
application as constituting a request for entry of adverse
judgment as to the subject matter of the modified count. The
request is granted.
L Order
Upon consideration of the record, it is
ORDERED that junior party Winker is not entitled to
its patent claims 1-7, which correspond to the count.
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